Jammie Taire's answer This is a difficult time. Under Georgia law, when someone files a dispossessory action against you, you have 7 days to file an answer from the date it is served (service may be posted on your door). If you do not file the answer within the seven (7) days the landlord can get an writ against you immediately; however, Georgia does not allow self-evictions. Therefore, although the landlord can get the writ the writ still has to be executed. Although you may not have a remedy to stay in the...
1. Draft a will leaving a life estate to your wife with the remainder to your daughter. This creates possible accounting night mares if the will is not properly drafted. However, it will be effective for leaving the house to your daughter.
2. You can name you, your wife and your daughter as joint tenants with rights of survivorship. I assume your daughter will outlive...
Robert W. Hughes Jr.'s answer As song as the will was witnessed by two people when it was signed, the will is valid. It would be better if it also contained a Self Proving Affidavit signed by a notary and meeting Georgia's standards. It would not hurt for you to pay a lawyer for 15-20 minutes time to review your document to assure you it conforms with Georgia law.
Robert W. Hughes Jr.'s answer If your uncle died with a spouse or any children-ever-, then your uncle's siblings will share in his estate. If your parent, who was your uncle's sibling, passed away, you are entitled to inherit your parent's share of your uncle's estate. The same applies to your cousin.
Homer P Jordan IV's answer There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Ellaretha Coleman's answer Possibly. There are a number of variables to determine who will be entitled to any property left behind by your daughter. You should consult with a probate attorney to discuss the specific facts and circumstances of your daughter's estate to determine your rights.
John W. Chambers Jr's answer In an advance directive for health, the principal (i.e., the person who executes the document) may appoint an agent to make health care decisions. If he appoints an agent, then the advance directive is a medical power of attorney. Another type of power of attorney is a financial power of attorney whereby the principal appoints an agent and grants the agent various powers to conduct financial transactions. In Georgia, it is common for a person to have both an advance directive for health care...
Homer P Jordan IV's answer We would need to know more facts about your case in order to prove you with a thorough response. Was there a will left when the person died and was the child not left an inheritance? Did the estate go through probate? You may want to consult with an attorney who can review the facts of the case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
Who owns the home right now? Only the rightful owner, or someone with a lease from the rightful owner, can evict you.
If the home is in the name of a deceased person, the home will need to go through probate to be transferred into the name of a living person. Whether that's the widow or the grandson depends on the will, if there was one, or state intestacy laws if there wasn't. But even if the will left the property to the...
Robert W. Hughes Jr.'s answer Your question is well past complicated. The entire will needs to reviewed by a lawyer specializing in probate law. You compound the issue by discussing grandchildren who might have a conservator. You make no mention of grandchildren as you quote part of the will. This question ought to be fairly straightforward for a probate lawyer to answer.
Homer P Jordan IV's answer I think this may be a duplicate question. No, you won't be able to do that. You may want to consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
John W. Chambers Jr's answer In Georgia, if real property is owned by two people as joint tenants with right of survivorship, on the death of the first owner, the property would belong to the surviving owner. If the property is owned by two people as tenants in common, on the death of the first owner, the undivided interest of the owner in the property would be part of his estate. In such case, the heirs might have an interest in the property, either as beneficiaries under a will, or through the inheritance laws if there...
Robert W. Hughes Jr.'s answer Unless he was granted expanded powers with the Letters of Administration, he has to get court approval to sell the property. He will ultimately be able to sell the home once he gets court approval.
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